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(2024) Law Today Live Doc. Id. 19744
Date of Decision: 22.01.2024
Code of Criminal Procedure, 1973 (2 of 1974), Section 125(4) – Constitution of India, Article 51A(f) -- Maintenance to wife u/s 125 Cr.P.C. – Wife not want to serve old aged mother-in-law or grandmother-in-law -- One of the grounds for denial the maintenance, if wife refuses to reside with the husband without any reasonable cause -- In Constitution of India under Article 51-A of Part IV-A, wherein the fundamental duties of the citizen of India are enumerated in Clause (f), it is provided ‘to value and preserve the reach heritage of our composite culture’ -- It is the culture in India to serve the old aged mother-in-law or grandmother-in-law as the case may by the wife in order to preserve this culture -- It was obligatory on the part of wife to serve her husband’s mother and maternal grandmother and not to insist for unreasonable demand to live separate from his old aged mother-in-law and the maternal grandmother-in-law – Wife not entitled for maintenance.
(Para 17, 21, 22, 28)